ISF Enforcement – The Time Has Come!

A week from tomorrow marks the end of the final one-year limited liquidated damage (LD)/”three strikes” phase of a six-year evolution of ISF enforcement. In summary, here is what will change:

• CBP Ports, who will continue to have flexibility in their processes, may commence issuing LD without HQ review and approval.
• Ports will no longer be under HQ mandate to issue three warnings before assessing LD.
• Craig Clark is replaced by Peyman Jamshidi as Program Manager, Cargo and Conveyance Security, Office of Field Operations, CBP.

CBP is conducting a “last educational outreach” via Webinar later today. Because this event reached maximum capacity almost immediately after being announced by the NEI and via Cargo Systems Messaging Service (CSMS), CBP has indicated they will post a recording of the Webinar to cbp.gov and will also publish a further CSMS on full ISF enforcement, both later this week. These links will be posted to our website for easy access in the Emerging Matters, ISF section. In case you have not already done so, we strongly recommend that you subscribe to receive CSMS email notifications, here is the link.

Certain matters (among them, full vessel departure reporting, the future of ISF-5 filings, publication of a final rule) remain unresolved and CBP has yet to commit publicly to routinely provide copies of LD notices to filers.

CBP’s overall common-sense approach to enforcement has continued to prevail over the past two years. It is the hope of all concerned that this attitude will persist in the final enforcement phase upon which we now embark. Still, CBP’s new posture on LD is certain to yield higher claims output. Roanoke looks forward to working with you to underwrite responsibly and control claims exposures sensibly.